2014 (6) TMI 529 - AT - Income Tax

Disallowance of expenses Repairs and maintenance Nature of expenses Held that - the details of the expenditure incurred by the assessee on account of repairs and maintenance of building are stated by the CIT(A) the details of the expenditure claimed by the assessee reveals that the expenditure incurred by the assessee has neither resulted in bringing into existence of any new asset nor any permanent/enduring benefit had accrued to the assessee - the expenditure incurred by the assessee cannot be treated to be a capital expenditure - CIT(A) relied upon assessee s own case for the earlier assessment year, and treated it as revenue expenditure thus, there was no reason to interfere in the order of the CIT(A) Decided against Revenue.

Summary

Issues:
1. Disallowance of expenditure claimed as repairs and maintenance by the assessee.
2. Classification of expenditure as revenue or capital in nature.
3. Applicability of previous Tribunal decision in similar case.

Analysis:
1. The appeal before the Appellate Tribunal ITAT Mumbai concerned the disallowance of Rs.19,96,293/- claimed by the assessee as repairs and maintenance expenditure for the Assessment Year 2007-09. The Revenue challenged the deletion of this disallowance by the Ld.CIT(A) in the original assessment.

2. The Assessing Officer (AO) had treated the claimed expenditure as capital in nature, resulting in a disallowance and addition to the income of the assessee. However, the Ld.CIT(A) overturned this decision, stating that the expenditure did not lead to the creation of a new asset or provide any enduring benefit to the assessee. The Ld.CIT(A) relied on the fact that the expenditure was revenue in nature, citing a previous Tribunal decision in the assessee's own case for the AY 2004-05.

3. The Appellate Tribunal, after considering the arguments from both sides and examining the details of the expenditure, upheld the decision of the Ld.CIT(A). The Tribunal noted that the expenditure did not result in the creation of a new asset or provide any lasting benefit to the assessee. Additionally, the Tribunal highlighted that the Revenue did not challenge the previous Tribunal decision in the assessee's case for the AY 2004-05. Therefore, the Tribunal found no reason to interfere with the Ld.CIT(A)'s decision to delete the disallowance/addition made by the AO.

4. Consequently, the Appellate Tribunal dismissed the appeal filed by the Revenue, affirming the decision of the Ld.CIT(A) to treat the claimed expenditure as revenue in nature. The Tribunal concluded that the expenditure did not qualify as capital expenditure and did not result in the creation of any new asset or enduring benefit for the assessee. The order was pronounced on May 29, 2014, in an open court session.